GENERAL TERMS TUC CONTEST 2020
FREE PARTICIPATION. NO PURCHASE IS NECESSARY TO ENTER OR TO WIN. THIS IS A CONTEST OF SKILL AND CHANCES OF WINNING DEPEND SOLELY ON THE QUALITY OF THE ENTRANT’S ONLINE ENTRY. BY PARTICIPATING IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT BETWEEN YOU AND THE SPONSOR. READ THEM CAREFULLY BEFORE ENTERING. THESE RULES SHALL BE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
All necessary and relevant information on how to enter, as well as the winning prizes form part of these official rules (‘Official Rules’).
1. Intellectual Property and Licence
2. Guarantees and Indemnity
3. General Conditions
5. Suspension/ Modification/ Termination
6. Governing Law / Limitation of Liability
8. Validity of Official Rules
1. Intellectual Property and License
All submitted works will remain the exclusive property of the Participant, subject to the provisions laid out hereinafter. TUC s.r.l will have the right to use all of the works submitted as part of the Contest, and all images depicted therein, in any promotion.
By submitting the work, the Participant grants to TUC the unlimited, royalty-free, rights to publish, represent and reproduce in all media now known or hereafter discovered, all or part of the works for an unlimited period, and worldwide, within the context of the Contest.
TUC has the right to apply modifications without damaging the integrity of the work submitted e.g. add the TUC logo and text, reframing, changing the colours, cutting the background or parts of it.
During the contest neither any candidate or any third party may communicate on the drawings before any first disclosure by TUC and without prior written consent of the Sponsor.
By submitting a design in the Contest, the concerned Participant agrees to provide TUC with the right of first refusal to the exclusive use of the design. This option is valid for 12 (twelve) months after the end of the Contest.
The Contest Prize (TUC Award) received will include the transfer of the material property rights attached to the design.
The TUCr’s intellectual property rights (such as trademarks, logos, designs, copyright, etc) will only be used as part of the Contest and remain the TUC’s sole and unique property. The Participants who choose to incorporate the TUC’s intellectual property in their work and are ultimately not selected will have to remove all material belonging to the TUC’s from their drawing or discard their drawing altogether.
If the Participant wishes to communicate the Contest in his/her portfolio, the Participant will always mention the fact that his/her Work was realized within the framework of a competition named “TUC.technology Contest, Re-imagine the vehicle” for TUC and not as part of a collaboration between the Participant and TUC.
Each Participant acknowledges that other Participants may have created plans and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.
2. Guarantees and Indemnity
Each Participant guarantees that he or she has read, understood and will follow the Official Rules. Each Participant further guarantees that their Submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original creations of the Participant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Participant further guarantees that he or she has the right to agree to and fully perform in compliance with these Official Rules and that no consent of third parties is required to grant the rights hereunder. Each Participant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each Participant guarantees that the TUC’s use of any Submission shall not violate an agreement previously signed by the Participant. Each Participant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third-party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Participant in connection with his or her acceptance of these Official Rules or Contest activities.
3. General Conditions
Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, distorted or damaged Submissions; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing/reviewing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or the Contest Website or who are in violation of these Official Rules, as solely determined by TUC and/or the Producer, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in the TUC’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of TUC, corrupt or impair the administration, security, fairness or proper play, or the Submission of entries, or should the Contest be unable to run as planned for any other reason, TUC reserve the right, in their sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by TUC. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages.
CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TUC WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
By participating in the Contest, the Participants agree to release, discharge and hold harmless TUC and each of their parent companies, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and right holders (‘Released Parties’): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the Participants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to the Participant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). TUC maintains no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel in connection with the Contest; and will not be responsible or liable for any injury, expense, accident, delay, inconvenience or other irregularity that may be caused. Each Participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. The Released Parties are not responsible for the actions of the Participants in connection with the Contest, including the Participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
5. Suspension / Modification / Termination
In the event TUC is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, floods, epidemics, earthquakes, explosions, labour disputes or strikes, acts of God or public enemy, communications or equipment failure, utility or service interruptions, riots or civil disturbances, terrorist threats or activity, war (declared or undeclared), interferences with the Contest by any party, or any country, federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the TUC’s control (each a “Force Majeure” event or occurrence), TUC shall have the right to modify, suspend or terminate the Contest. TUC additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond the Sponsor’s control corrupt or (2) interfere with the administration, integrity, operation, security or proper execution of the Contest.
6. Governing Law / Limitation of Liability
Italy shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participants, of TUC and of the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of Italy, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws.
By participating in the Contest, you agree that your personal data may be collected and processed by TUC.
8. Validity of Official Rules
In the event that individual terms become entirety or partially invalid or impracticable, the validity of the remaining terms shall not be affected. Instead of the invalid or impracticable terms, the Parties will agree upon such reasonable terms that correspond as closely and legally as possible to what the Parties – if they had considered the matter initially in light of such invalidity or impracticability – would have agreed upon according to the sense and purpose of these terms. The same shall apply to omissions.